Madras High Court

Madras High Court: Convict Granted Leave for Wife's Surgery

Updated
Dec 11, 2025 7:14 PM
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In a recent decision, the Madras High Court allowed a convict to take a 30-day break so he could help his wife with her surgery. The case was about Mrs. S. Aruna, who asked for her husband, Somu @ Somasundaram, who is serving a life sentence, to be temporarily released to support her during a critical medical procedure.

The Request for Leave

Mrs. Aruna filed a request to cancel a previous order that denied her husband's leave. She needed his help for her surgery to remove her uterus. The authorities initially turned down the request because her husband had other cases pending against him.

"The person asking for help says she is suffering from various health problems and has been advised to have surgery to remove her uterus."

Legal Challenges

The lawyer for Mrs. Aruna argued that since Somu had already served over 15 years, he should be allowed to take leave. However, the prosecutors pointed out that Tamil Nadu's rules don't allow leave for prisoners with pending cases.

The Court's Decision

After looking over the medical records, the court, led by Justices N. Sathish Kumar and M. Jothiraman, decided in favor of Mrs. Aruna. They canceled the previous order and granted Somu 30 days of leave, but he must be accompanied by a guard, and Mrs. Aruna has to pay for the guard's expenses.

"We are inclined to grant 30 days ordinary leave to the convict prisoner."

Conditions for Release

Somu will be released from Central Prison, Puzhal, on November 21, 2025, and must return by December 21, 2025. The court ordered that the leave is subject to usual conditions, ensuring security and compliance.

This decision shows how the court can balance legal rules with personal needs, demonstrating its willingness to consider individual circumstances in its decisions.